Child Support / Spousal Support

Child Support (Family Code sections 3900 et seq)

The father and mother of a minor child have an equal responsibility to support their child in a manner suitable to the child’s circumstances.

The duty of support imposed by the Court continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.

Child support is calculated pursuant to a formula adopted by the legislature. The calculation is deemed a “guideline” calculation and must be ordered by the court except in certain limited circumstances.

Victor M. Castro is aware that it in order to achieve the best results for a client, it is essential to have a thorough knowledge of the facts of the case and the law that applies to the facts of the case. He knows the law and thoroughly prepares his cases by taking the time to obtain the facts and evidence which support his client’s position.

Spousal Support (Family Code section 4320)

In ordering spousal support, the court shall consider all of the following circumstances:

1. The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account the following:
   
   1. The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropirate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
   2. the extent to which the suported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit supported party to devote time to domestict duties.
2. The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
3. the ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
4. The need of each party based on the standard of living established during the marriage.
   
5. The obligations and assets, including the separate property, of each party.
   
6. The duration of the marriage.
   
7. The ability of the supported party to engage in gainful employment without unduly interfering with the interest of dependent children in the custody of the party.
   
8. The age and health of the parties.
   
9. Documented evidence of any history of domestic violence.
   
10. The immediate and specific tax consequences to each party.
    
11. The balance of the hardships to each party.
    
12. The goal that the supported party shall be self-supporting within a reasonable period of time.
    
13. The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of spousal support.
14. Any other factors the court determines are just and equitable.